1. The origin of law varies with the character or class of the government under which it is made. Where all authority is concentrated in the hands of one man his will becomes law whenever expressed, or when expressed in some regular and formal way. More generally laws are originated, in our days, in civilized countries where there is a monarchial government, by the ruler in conjunction with representatives of the people or some classes of them. In point of fact, rulers are always obliged to regard the habits, traditions, and feelings of the people more or less, or they may be obliged by a revolution, or the intrigues of the ambitious founded on their discontent, to retire to private life. The real prominence of the people in their governments is constantly becoming greater in all civilized lands, and it seems highly probable that, before many generations have passed, all governments not founded on an acknowledgment of the Sovereignty of the People will be incapable of maintaining themselves. 2. In the United States of America the source of all authority, and the origin of all law, is in the people alone. The fact that laws are made by Representatives does not alter the principle at all. They are simply the substitutes or agents of the people. Where there are many people any other than a Representative Democracy is impossible. These are chosen from among their equals, and when their term of office has expired return to the common level. If they are ambitious of more than one term of office they must take special care not to offend the majority that first elected them.
3. The first signal exercise of the law making power by the people was in the adoption of the Constitution as the Fundamental Law. This established the character of the government, prescribed the duties and limits of the legislative and executive branches, and organized a third branch to watch over the action of the other two and keep it in harmony with[589] the Constitution. This Instrument then became the source or foundation of all special law. It is a comprehensive statement of the will of the people, but it may be changed or enlarged in a prescribed way. It is binding on all legislators and executives. Whatever may be enacted or done by them not in accord with it is null and void; the Supreme Court being bound so to announce when the fact shall be proved before it. The Constitution is the Law of the Land. Any laws enacted by Congress, or by State Legislatures, not contrary to it, are valid and binding; but any attempt to set aside any of its provisions, or disregard its true intent, would be usurpation and a violation of the rights of the people. The term State Sovereignty can, consequently, be true only in a limited and secondary sense, this being a higher Sovereignty still.
4. The larger part of the general laws by which we are governed are made by Congress, that body having been instituted to that special end. It is composed of a popular House, or one chosen directly by the people, and one more select, chosen by the State Legislatures to represent their States as a whole. If the Legislature represents the will of the people of the State accurately, as it always does unless some change in popular opinion takes place suddenly after it has been elected, the Senators as well as Representatives will embody the views of the people in their respective States. So we see that the people are Sovereign and law really originates with them. Laws, indeed, may be made by their agents that do not suit them; but, if they cannot induce them to repeal such laws by petition, remonstrance, or otherwise, at once, by waiting a little until the terms of such members expire they can replace them by others pledged to carry out their views. Thus the general polic............